Ancient Indigenous Human Remains and the Law

Ancient Indigenous Human Remains and the Law PDF Author: Fiona Batt
Publisher: Routledge
ISBN: 1000427471
Category : Law
Languages : en
Pages : 187

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Book Description
Indigenous peoples are increasingly making requests for the return of their ancestors’ human remains and ancient indigenous deoxyribonucleic acid. However, some museums and scientists have refused to repatriate indigenous human remains or have initiated protracted delays. There are successful examples of the return of ancient indigenous human remains however the focus of this book is an examination of the "hard" cases. The continued retention perpetuates cultural harm and is a continuing violation of the rights of indigenous peoples. Therefore this book develops a litigation Toolkit which can be used in such disputes and includes legal and quasi legal instruments from the following frameworks, cultural property, cultural heritage, cultural rights, collective heritage, intellectual property, Traditional Knowledge and human rights. The book draws on a process of recharacterisation. Recharacterisation is to be understood to mean the allocation of an indigenous peoples understanding and character of ancient indigenous human remains and ancient indigenous DNA, in order to counter the property narrative articulated by museums and scientists in disputes.

Ancient Indigenous Human Remains and the Law

Ancient Indigenous Human Remains and the Law PDF Author: Fiona Batt
Publisher: Routledge
ISBN: 1000427471
Category : Law
Languages : en
Pages : 187

Get Book

Book Description
Indigenous peoples are increasingly making requests for the return of their ancestors’ human remains and ancient indigenous deoxyribonucleic acid. However, some museums and scientists have refused to repatriate indigenous human remains or have initiated protracted delays. There are successful examples of the return of ancient indigenous human remains however the focus of this book is an examination of the "hard" cases. The continued retention perpetuates cultural harm and is a continuing violation of the rights of indigenous peoples. Therefore this book develops a litigation Toolkit which can be used in such disputes and includes legal and quasi legal instruments from the following frameworks, cultural property, cultural heritage, cultural rights, collective heritage, intellectual property, Traditional Knowledge and human rights. The book draws on a process of recharacterisation. Recharacterisation is to be understood to mean the allocation of an indigenous peoples understanding and character of ancient indigenous human remains and ancient indigenous DNA, in order to counter the property narrative articulated by museums and scientists in disputes.

Indigenous Peoples' Land Rights under International Law

Indigenous Peoples' Land Rights under International Law PDF Author: Jérémie Gilbert
Publisher: BRILL
ISBN: 9047431308
Category : Law
Languages : en
Pages : 352

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Book Description
This book analyses whether the international legal regime provides indigenous peoples with the collective right to live on their traditional territories.

Changing Actors in International Law

Changing Actors in International Law PDF Author: Karen Nadine Scott
Publisher: Developments in International
ISBN: 9789004424142
Category : Law
Languages : en
Pages : 415

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Book Description
"The 15 essays in this book began as papers presented at the Seventh Four Societies Conference hosted at Waseda University, Tokyo, in June 2018, by the Japanese Society of International Law (JSIL). The 'Four Societies' conferences are a collaborative initiative of the American Society of International Law (asil), the Australian New Zealand Society of International Law (ANZSIL), the Canadian Council on International Law (CCIL) and JSIL. The biannual conferences, which began in 2006, provide an opportunity for emerging scholars to foster a collaborative network around a common theme"--

Human Remains

Human Remains PDF Author: Emily Williams
Publisher: British Archaeological Reports Oxford Limited
ISBN:
Category : Social Science
Languages : en
Pages : 308

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Book Description
Proceedings of a conference held in Williamsburg, VA, Nov 7-11th 1999 The thirty-four papers published in this volume represent the proceedings of a conference on Human Remains held in Williamsburg, VA in November 1999. The conference was divided into six themes: Excavation and Fieldwork, Conservation, Soft Tissues and Mummies, Curation, Analysis and Ethics, and Law and Public Perception. The excavated material discussed comes from all continents and significant time periods. One of the principal aims of the conference was to address the current issues in the archaeology of human remains and encourage dialogue between the various specialists involved in conservation, curating, analysis, etc. The topical ethical and repatriation questions are also examined. Illustrated throughout with photographs, drawings, tables and figures.

Human Remains

Human Remains PDF Author: Margaret Clegg
Publisher: Cambridge University Press
ISBN: 1107098386
Category : Art
Languages : en
Pages : 185

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Book Description
Highlights the importance of best practice in dealing with human remains, and discusses the key ethical and legal issues.

Indigenous Cultural Property and International Law

Indigenous Cultural Property and International Law PDF Author: Shea Elizabeth Esterling
Publisher: Taylor & Francis
ISBN: 0429594585
Category : Law
Languages : en
Pages : 220

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Book Description
Examining the restitution of cultural property to Indigenous Peoples in human rights law, this book offers a detailed analysis of the opportunities and constraints of international law as a tool of resistance and social transformation for marginalized groups. In accordance with an increasing insistence on respect for diverse cultures, and through their own international mobilization, Indigenous Peoples have participated in the construction of a distinct human rights framework. Significant academic inquiry has focused on the substantive gains made by Indigenous Peoples in this context; along with its impact on a body of law that had previously denied Indigenous Peoples a basis for claims to their own cultural materials and practices. Accordingly, this book acknowledges that Indigenous Peoples, as non-state actors, have generated greater substantive and procedural legitimacy in human rights law making. Offering normative insights into the participation of non-state actors in international law making, it also, however, demonstrates that, despite their significant role in constructing the legal framework of human rights in the 21st century, the participation of Indigenous Peoples continues to be structurally limited. With its interdisciplinary approach to the field, this book will appeal to scholars and students in the fields of law, politics, anthropology and indigenous studies.

The Routledge Handbook of Epistemic Injustice

The Routledge Handbook of Epistemic Injustice PDF Author: Ian James Kidd
Publisher: Taylor & Francis
ISBN: 1351814508
Category : Philosophy
Languages : en
Pages : 438

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Book Description
Epistemic injustice is one of the most important and ground-breaking subjects to have emerged in philosophy in recent years. By examining the way injustice can occur to individuals when they are undermined or not 'heard' on account of their gender, race or age (as in To Kill a Mockingbird), and the injustices that can occur to individuals or groups because a society lacks an entire concept, such as sexual harassment, epistemic injustice draws attention to the fundamental links between knowledge, ethics and power. The Routledge Handbook of Epistemic Injustice is an outstanding reference source to the key topics, problems and debates in this exciting subject and is the first collection of its kind. Comprising over thirty chapters by a team of international contributors the Handbook is divided into five clear parts: Core Concepts; Liberatory Epistemologies and Axes of Oppression; Schools of Thought and Subfields within Epistemology; Socio-political, Ethical, and Psychological Dimensions of Knowing; Case Studies of Epistemic Injustice. As well as fundamental topics such as testimonial and hermeneutic injustice and virtue epistemology, the Handbook includes chapters on important issues such as moral imagination, objectivity and objectification, implicit bias, gender and race. Also included are chapters on areas in applied ethics and philosophy, such as media ethics, education and health care.

Regarding the Dead

Regarding the Dead PDF Author: Alexandra Fletcher (Museum curator)
Publisher: British Museum Research Public
ISBN: 9780861591978
Category : Nature
Languages : en
Pages : 0

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Book Description
A key publication on the British Museum's approach to the ethical issues surrounding the inclusion of human remains in museum collections and possible solutions to the dilemmas relating to their curation, storage, access management and display.

Repatriation and Erasing the Past

Repatriation and Erasing the Past PDF Author: Elizabeth Weiss
Publisher: University Press of Florida
ISBN: 1683401859
Category : Social Science
Languages : en
Pages : 279

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Book Description
Engaging a longstanding controversy important to archaeologists and indigenous communities, Repatriation and Erasing the Past takes a critical look at laws that mandate the return of human remains from museums and laboratories to ancestral burial grounds. Anthropologist Elizabeth Weiss and attorney James Springer offer scientific and legal perspectives on the way repatriation laws impact research. Weiss discusses how anthropologists draw conclusions about past peoples through their study of skeletons and mummies and argues that continued curation of human remains is important. Springer reviews American Indian law and how it helped to shape laws such as NAGPRA (the Native American Graves Protection and Repatriation Act). He provides detailed analyses of cases including the Kennewick Man and the Havasupai genetics lawsuits. Together, Weiss and Springer critique repatriation laws and support the view that anthropologists should prioritize scientific research over other perspectives.

State of the World's Indigenous Peoples

State of the World's Indigenous Peoples PDF Author: United Nations Department of Economic and Social Affairs
Publisher: United Nations
ISBN: 9210548434
Category : Political Science
Languages : en
Pages : 250

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Book Description
While indigenous peoples make up around 370 million of the world’s population – some 5 per cent – they constitute around one-third of the world’s 900 million extremely poor rural people. Every day, indigenous communities all over the world face issues of violence and brutality. Indigenous peoples are stewards of some of the most biologically diverse areas of the globe, and their biological and cultural wealth has allowed indigenous peoples to gather a wealth of traditional knowledge which is of immense value to all humankind. The publication discusses many of the issues addressed by the Declaration on the Rights of Indigenous Peoples and is a cooperative effort of independent experts working with the Secretariat of the Permanent Forum on Indigenous Issues. It covers poverty and well-being, culture, environment, contemporary education, health, human rights, and includes a chapter on emerging issues.